September 2023
In the whirlwind of September, NCLA is proving we’re a force to be reckoned with. First up, we’re taking on the Federal Circuit Judicial Council’s unlawful decision to suspend the Hon. Pauline Newman. Appeal? You bet! But that’s just the opening act. We’re also urging the U.S. Supreme Court not to hit the ‘stay’ button on a preliminary injunction against government social media censorship in Missouri v. Biden. Free speech is non-negotiable, folks! NCLA’s amicus brief in Greenberg v. Lehocky called on the Third Circuit to topple a Pennsylvania rule that chills the speech of attorneys. Although September is winding down, NCLA’s fight for civil liberties is cranking up. Keep reading to learn what else is happening at NCLA Now!
The Latest
NCLA’s new video uncovers the unconstitutional structure of the FTC and how the agency illegally brought suit against Precision Patient Outcomes, Inc. CEO Margrett Lewis
???? WATCH: Federal Trade Commission Picks Fight with Innocent Startup Company
NCLA is challenging the Federal Trade Commission’s lawsuit against Margrett Lewis and her California-based startup company Precision Patient Outcomes, Inc., which the agency falsely accused of illegally selling a supplement called “Covid Resist.” A newly-released video exposes FTC’s unconstitutional structure and how the agency overstepped its authority by trying to regulate a dietary supplement. Watch video>>
Michelle Cochran (middle right) stands outside the U.S. Supreme Court with her daughters and the NCLA legal team after oral arguments in SEC v. Cochran on November 7, 2022
SEC Surrenders to NCLA Client Michelle Cochran in Wake of Her Unanimous Supreme Court Win
While bravely battling the Securities and Exchange Commission for nearly seven-and-a-half long years, NCLA client Michelle Cochran turned her administrative enforcement ordeal into a nightmare for the agency. Now her ordeal will be officially over, but the SEC’s woes are just beginning. NCLA has secured a stipulation from the SEC under which NCLA has dismissed its federal district court action against the agency in exchange for SEC’s promise that it has ended its long-running enforcement case targeting her and “… will not bring a future administrative proceeding against Cochran[.]” NCLA celebrates this major victory with our client, whose valiant fight against Administrative State overreach achieved watershed reform at the U.S. Supreme Court. Read more>>
Cases to Watch
In adopting the new rule, CPSC repeated errors that led the Tenth Circuit to sideline the previous magnet ban in 2014
NCLA Asks Tenth Circuit to Scrap CPSC’s Unlawful, Nonsensical Magnet Ban
The Consumer Product Safety Commission (CPSC) recently adopted an eerily familiar “magnet safety standard” for non-toy products that broadly bans hobby magnets for adults, relying on flawed studies and failing to account for magnets’ benefits or the costs of removing them from the market. NCLA has filed a reply brief in MagnetSafety.org, et al. v. CPSC, asking the U.S. Court of Appeals for the Tenth Circuit to vacate the new magnet ban for being promulgated against Consumer Product Safety Act provisions by an unconstitutionally structured agency. Read more>>
The Hon. Pauline Newman was indefinitely removed from hearing new cases before any formal investigation
Hon. Pauline Newman Passes Medical Evaluation with Flying Colors, Forensic Psychiatrist Says
NCLA released a forensic psychiatrist’s report detailing the clinical evaluation of the Hon. Pauline Newman, whose fellow judges are unlawfully attempting to oust her from a constitutionally appointed lifetime position as a Federal Circuit Court of Appeals judge. The results of the evaluation clearly demonstrate Judge Newman’s fitness to remain in active judicial service. This is the second medical evaluation Judge Newman has undergone since early March, when the Judicial Council of the Federal Circuit, led by Chief Judge Kimberly Moore, indefinitely removed her from hearing new cases before any formal investigation even began. Read more>>
Entrance to the U.S. Court of Appeals for the Federal Circuit building in Washington, DC
NCLA Will Appeal Federal Circuit Judicial Council’s Unlawful Order to Suspend the Hon. Pauline Newman
In a damaging blow to judicial independence, the Judicial Council of the Federal Circuit has ordered the suspension of active circuit judge, the Hon. Pauline Newman, from hearing new cases for at least a year. This suspension comes on top of the six-plus months the Council has already unlawfully suspended her from hearing cases while the investigation was still ongoing, which violates the very Judicial Conduct and Disability Act that the Judicial Council claims to have a solemn obligation to follow. NCLA, which is honored to represent Judge Newman, is challenging her unlawful pre-investigatory suspension in the U.S. District Court for the District of Columbia. NCLA will also petition the Committee on Judicial Conduct & Disability to review the flawed Judicial Council order. Read more>>
NCLA’s lawsuit has uncovered the vast extent of the Biden Administration’s censorship regime
In NCLA Victory, Fifth Circuit Upholds Key Part of Government Social Media Censorship Injunction
The U.S. Court of Appeals for the Fifth Circuit has agreed with NCLA that officials from the White House, CDC, FBI and the U.S. Surgeon General’s office violated the First Amendment by coercing or significantly encouraging social media platforms to censor our clients. The panel upheld the most important portion of U.S. District Judge Terry Doughty’s preliminary injunction order in Missouri, et al. v. Biden, et al., prohibiting those officials from pressuring social media companies to suppress constitutionally protected speech. Read more>>
Interior of the U.S. Supreme Court in Washington, DC
NCLA Asks U.S. Supreme Court Not to Stay Injunction Against Government Social Media Censorship
Earlier this month the federal government petitioned the U.S. Supreme Court to stay the preliminary injunction issued by the Fifth Circuit Court of Appeals in Missouri v. Biden, which bars officials from the White House, CDC, FBI and U.S. Surgeon General’s office from pressuring social media platforms to censor constitutionally protected speech. NCLA, together with the Louisiana and Missouri attorneys-general, have filed a response urging the high Court to allow the preliminary injunction to take effect, protecting Americans’ First Amendment rights while the litigation proceeds. Read more>>
Rhode Island College in Providence, RI
NCLA Asks U.S. Supreme Court to Rein in Qualified Immunity for Officials Who Violate Speech Rights
Invoking the contentious “qualified immunity” doctrine, state courts in Rhode Island prevented Rhode Island College (RIC) officials from facing civil liability for violating a student’s First Amendment rights to free speech and expression. The officials had expelled NCLA’s client, William Felkner, for refusing to parrot the school’s progressive ideological perspective on social work. NCLA has petitioned the U.S. Supreme Court for a writ of certiorari in William Felkner v. John Nazarian, et al., asking the Justices to reexamine the doctrine and abolish the ahistorical standard for qualified immunity that requires violations of the law to be “clearly established” via prior court precedents before officials can be held to account. Read more>>
Click here for more cases to watch.
Friends of the Court
The First Amendment was carefully designed to protect against abridgement of free speech, but New York’s law violates that
Amicus Brief Asks Appeals Court to Nix NY Law Dictating Social Media Sites’ Speech Policies
A New York state law would force social media companies to create and display a policy on their websites detailing how they will respond to “hate speech” on their platforms. NCLA has filed an amicus curiae brief in Volokh, et al. v. James, calling on the U.S. Court of Appeals for the Second Circuit to uphold a lower court’s decision, prohibiting the enforcement of this law. Passed in 2022, N.Y. Gen. Bus. Law § 394-CCC requires social media networks which operate platforms that allow users to publicly share content to develop a mechanism for flagging “hateful conduct” and a procedure for how they will respond to complaints over such activity. Read more>>
Rule 8.4(g)’s broad definition of “harassment” will inevitably chill attorney speech
NCLA Encourages en Banc Third Circuit to End Viewpoint-Based Discrimination in Pennsylvania Ethics Rule
Rule 8.4(g) of Pennsylvania’s Rules of Professional Conduct for attorneys establishes an unconstitutional speech code for lawyers, exposing them to discipline—including sanctions that threaten their livelihoods—if they knowingly communicate in a manner “constituting harassment or discrimination” in the practice of law. NCLA has filed an amicus curiae brief in Greenberg v. Lehocky, calling on the en banc U.S. Court of Appeals for the Third Circuit to topple this Rule. Read more>>
FINRA is a private non-profit corporation that regulates the securities brokerage industry subject to oversight by the SEC
Amicus Brief Asks Appeals Court to Topple FINRA’s Illegal ‘Private’ Enforcement Regime
The Financial Industry Regulatory Authority (FINRA) investigates, prosecutes, and punishes hundreds of securities firms and brokers every year for alleged violations of federal securities laws and rules, despite operating outside the government and without answering to the President. NCLA has filed an amicus curiae brief in Alpine Securities v. FINRA, asking the U.S. Court of Appeals for the District of Columbia Circuit to end FINRA’s blatantly unconstitutional use of executive power. Read more>>
Click here for more amicus briefs to watch.
In the News
NCLA President and General Counsel Mark Chenoweth joins Real America’s Voice to discuss the latest updates in Missouri v. Biden
???? Biden’s Social-Media Censorship Harms Us All, Philip Hamburger in The Wall Street Journal
???? US Federal Judge, 96, Barred From Hearing Cases After Panel Claims Lack of Mental Fitness: ‘Baseless Allegations’, Fox News
???? Wall Street Is Furious Over Rising Fines From SEC, The Wall Street Journal
???? Former AG, Solicitor Join Unconstitutionality Argument Against FINRA, Financial Advisor
???? Has Free Speech on Social Media Platforms Been Saved?, The Lars Larson Show
???? Mark Chenoweth on Judge Newman v. Judge Moore, O’Connor and Company
Click here for more media mentions.
Case Cartoon
Permission granted to reprint with attribution
Even as the Biden Administration curtails free speech on the Internet, NCLA remains steadfast in its commitment to safeguarding your constitutional freedoms. Don’t allow the government to deprive you of your right to speak your mind!
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